Grandparents' Rights in Texas

Grandparents often play a huge role in their grandchildren's lives, and many in Seguin and Guadalupe County are helping raise them. So it comes as a shock when a parent cuts off contact, or when a grandparent learns that loving a child and caring for them isn't enough, by itself, to give them legal rights. Texas law does give grandparents some options, but they are narrower than many people expect.

This article explains when grandparents can ask for visitation (called "possession or access"), when they can ask for custody (conservatorship), and what they must prove.

The starting point: parents' rights

Parents have a constitutional right to raise their children. The U.S. Supreme Court and Texas courts have made clear that a fit parent is presumed to act in the child's best interest, including decisions about whether the child sees grandparents. A grandparent can't win visitation just by showing that more time with grandma would be good for the child. The grandparent has to overcome that presumption.

Grandparent visitation (possession or access)

A grandparent may ask a court for possession of or access to a grandchild only in limited situations. Generally, the grandparent must show that:

1. At least one biological or adoptive parent of the child still has parental rights;
2. Denying the grandparent access would significantly impair the child's physical health or emotional well-being; and
3. Something about the grandparent's own child (the child's parent) creates the need. For example, that parent:
   • Has died;
   • Has been in jail or prison in the months before the suit was filed;
   • Has been found incompetent by a court; or
   • Doesn't have actual or court-ordered possession of or access to the child, such as after a divorce where the other parent has the child.

Even when a situation listed above applies, the "significant impairment" standard is the hard part. Courts have found that sadness at losing contact, or the general benefit of a grandparent relationship, isn't enough. Evidence usually needs to show real harm, often with testimony from a counselor or other professional.

There are also limits. For example, a grandparent generally can't seek visitation if the child has been adopted by someone other than a stepparent, or if the grandparent's child is the one who has full access.

These cases are fact-specific and the requirements are strict. A lawyer should review your situation before you file, because a failed case can cost money and strain family relationships further.

Grandparents seeking custody (conservatorship)

Sometimes a grandparent isn't just asking for visits. The child may be living with them because a parent has addiction issues, is incarcerated, or simply left. A grandparent may be able to seek managing conservatorship when, for example:

• The child's present circumstances would significantly impair the child's physical health or emotional development;
• Both parents (or the surviving parent, or the managing conservator) consent; or
• The grandparent has had actual care, control and possession of the child for at least six months, ending not long before the suit is filed.

To be named managing conservator over a parent, a non-parent generally must show that appointing the parent would significantly impair the child's physical health or emotional development. That's a high bar, but it's met in cases involving neglect, abandonment, drug use or family violence.

Agreed arrangements

Many grandparent cases resolve by agreement. Parents who are struggling may agree that a grandparent should be a conservator so the grandparent can enroll the child in school, consent to medical care and apply for benefits. An agreed order protects everyone better than an informal arrangement. Parents can also sign an authorization agreement in some situations for limited decision-making by a relative, though it isn't a court order.

When CPS is involved

If CPS removes a child from a parent, grandparents are often considered for placement. Grandparents can ask to be considered as a placement and may be able to intervene in the CPS case. Acting early is important. Read more in CPS cases in Guadalupe County.

Practical tips for grandparents

• Try to repair the relationship first. A respectful conversation or family mediation sometimes works better than a lawsuit.
• Document your role in the child's life: photos, school pickups, medical visits, financial support, and how long the child lived with you.
• Keep the child out of the conflict. Don't criticize the parent to the child.
• Get professional input if the child is struggling after losing contact. A counselor's observations may be important evidence.
• Act within time limits. Some of the standing rules depend on how recently the child lived with you or how recently a parent was incarcerated.

Other options to consider

If a grandparent is raising a grandchild and the parents' rights are being terminated or they consent, adoption may also be possible. For a grandchild whose parents have died, a guardianship or conservatorship case may be needed. See guardianship of a minor in Texas.

For more on how courts decide custody, see factors courts consider in determining custody. Attorney Jesus R. Lopez helps grandparents and parents across Guadalupe County understand their options. Visit our child custody lawyer page to learn more.

Frequently asked questions

Have questions about your situation? Talk with a Seguin family lawyer. Consultations are free, by phone or in person, in English or Spanish.

Related guides

This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.